Guardianship

 

This document is a recorded Notice of Appointment of Guardian and/or Conservator filed in Pocahontas County, West Virginia, pursuant to WV Code § 44A-2-13(d).

Case Information

• Protected Person: Walter E. Kelly
  
  
• Case Number: 12-G-06
  
  
• Jurisdiction: Circuit Court of Pocahontas County, West Virginia
  
  

Filing & Recording Details

• Order of Appointment Entered: July 5, 2012
  
  
• Notice Execution Date: July 31, 2012
  
  
• Date Recorded: August 1, 2012 at 08:36:24 AM
  
  
• Book & Page: Book 338, Page 509
  
  
• Instrument Number: 96637
  
  
• Document Type: GDN (Guardianship)
  
  
• Pages Recorded: 1
  
  
• Recorded By: Melissa L. Bennett, Pocahontas County
  
  

Appointed Fiduciaries

• Guardian: WVDHHR (West Virginia Department of Health and Human Resources) — responsible for personal care and healthcare decisions.
  
  
• Conservator: Pocahontas County Sheriff (Pocahontas Co Sheriff) — responsible for managing financial assets and estate matters.
  
  

Official Sign-off

• Issued by Connie M. Carr, Circuit Clerk of Pocahontas County (located at 900D Tenth Avenue, Marlinton, WV 24954-1333).
  
  

Are you looking to verify the current active status of this guardianship/conservatorship, or do you need assistance determining the legal authority this grants over specific property or financial matters?

To verify whether this guardianship and conservatorship is currently active, modified, or terminated, you will need to check subsequent filings through the Pocahontas County court and recording systems, as the 2012 document only establishes the initial appointment.

Under the West Virginia Guardianship and Conservatorship Act (W. Va. Code § 44A), follow these steps to check the current status:

1. Pocahontas County Circuit Clerk (Case File 12-G-06)

• Primary Source: The complete procedural record resides with the Circuit Clerk's office at 900D 10th Avenue, Marlinton.
  
  
• Docket Review: Request to inspect the docket sheet and case file for Case No. 12-G-06.
  
  
• Key Filings to Look For:
  
  
  • Annual Accountings / Reports: Conservators and guardians are required to file periodic accountings and status reports (§ 44A-3-11, § 44A-2-12). Consistent annual filings indicate an active matter.
    
    
  • Petitions/Orders for Termination or Modification: Look for any subsequent orders entered under § 44A-4-1 through § 44A-4-7 terminating the appointment (often due to restoration of capacity, resignation, substitution of fiduciary, or death of the protected person).
    
    
  • Notice of Final Discharge: Closes the conservator's bond and liability once final distribution of funds/property is approved.
    
    

2. Pocahontas County Commission / County Clerk Records

• Deed & Miscellaneous Books: While fiduciary proceedings take place in Circuit Court, instruments impacting real property or formal public notice are recorded with the County Clerk.
  
  
• Recording Check: In the County Clerk's recording system (the same system shown on your screen), run a grantor/grantee index search for:
  
  
  • Walter E. Kelly
    
    
  • Pocahontas County Sheriff (as Conservator)
    
    
• Look for any recorded Deed of Conveyance, Order of Discharge, or Revocation/Termination Notice subsequent to August 1, 2012 (Deed Book 338, Page 509).
  
  

3. Vital / Estate Records (If Deceased)

• Under W. Va. Code § 44A-4-1, a conservatorship and guardianship automatically terminate upon the death of the protected person.
  
  
• Check the Pocahontas County Clerk’s probate and will records or state vital statistics to determine if an estate or notice of ancillary administration was ever opened for Walter E. Kelly following July 2012.
   
  Under the West Virginia Guardianship and Conservatorship Act (W. Va. Code § 44A), this order splits legal authority strictly between personal care and financial estate management.

  
  

  Division of Authority

  
  

  • Conservator (Pocahontas County Sheriff): Vested with exclusive management, control, and custody of all financial assets, income, debts, contracts, and property (both real and personal) belonging to Walter E. Kelly.
    
    
  • Guardian (WVDHHR): Confined exclusively to personal, residential, and healthcare decisions (e.g., medical treatment, placement, daily care). The WVDHHR has no authority to sell, spend, encumber, or manage Kelly’s financial assets or real estate.
    
    

  Conservator's Authority Over Property & Finances (W. Va. Code § 44A-3-4)

  
  

  Without needing separate prior court approval, the Sheriff as Conservator is authorized to:

  
  

  • Bank & Liquid Assets: Take control of bank accounts, deposit income (pensions, Social Security, dividends), and open fiduciary accounts.
    
    
  • Debts & Expenses: Pay taxes, insurance premiums, utilities, debts, and routine maintenance or repairs on existing real property.
    
    
  • Personal Property: Manage, lease, or sell tangible personal property (vehicles, equipment, household goods) at public sale, provided 14 days' written notice is given to designated heirs.
    
    
  • Claims & Litigation: Prosecute or defend lawsuits, enforce claims, and collect debts owed to Kelly.
    
    

  Strict Limitations: Sale or Encumbrance of Real Estate (W. Va. Code § 44A-3-5)

  
  

  The Conservator does not have unilateral power to convey or encumber real estate:

  
  

  • Mandatory Circuit Court Order: A conservator cannot sell or mortgage any real property without filing a separate petition in the Circuit Court and receiving an authorizing order.
    
    
  • Required Procedure:
    
    
    1. The Conservator must file a formal petition detailing the necessity or benefit of the sale or mortgage.
       
       
    2. The court must appoint a Guardian ad Litem to represent Kelly’s independent interests.
       
       
    3. Notice must be served on Kelly and next of kin at least 30 days prior to a hearing.
       
       
    4. The court must issue a final decree approving the specific contract, purchase price, and terms before any deed can transfer valid legal title.
       
       

  Chain of Title & Legal Execution

  
  

  • Title Ownership: Legal title remains in the name of Walter E. Kelly; appointment does not transfer title to the Sheriff personally.
    
    
  • Signature Authority: Only the Pocahontas County Sheriff (or an authorized chief deputy executing as Conservator) can sign contracts, release liens, or execute deeds on Kelly's behalf.
    
    
  • Deed Requirements: Any valid recorded deed transferring property from this estate must reference Case No. 12-G-06, cite the specific Circuit Court Order authorizing the real property conveyance pursuant to W. Va. Code § 44A-3-5, and be signed by the Sheriff in their fiduciary capacity.